(1) As used in this section, "defending party" means: (a) a governmental entity or political subdivision: (i) whose access denial is the subject of a petition for judicial review under Section 63G-2-404; and (ii) that defends the access denial in an action for judicial review under Section 63G-2-404; or (b) a person, other than the governmental entity or political subdivision described in Subsection (1)(a), that is party to the action for judicial review in opposition to disclosure of the record that is the subject of judicial review. (2) (a) If a protected record is shared as described in Subsection 63G-2-206(4) and the protected record is intentionally disclosed, or about to be intentionally disclosed, the person who requested the record be protected under Section 63G-2-309 may bring an action against the governmental entity that intentionally disclosed, or is about to intentionally disclose, as described in this section. (b) A person described in Subsection (2)(a) may seek and obtain: (i) injunctive relief to stop the improper disclosure of the protected record; and (ii) damages for an improper disclosure, subject to the limits set by rule in accordance with Subsection 63G-7-605(5). (3) A district court in this state may enjoin any governmental entity or political subdivision that violates or proposes to violate the provisions of this chapter. (4) (a) Subject to Subsection (7), a district court may assess against a defending party reasonable attorney fees and costs reasonably incurred in connection with a judicial appeal to determine whether a requester is entitled access to records under a records request, if: (i) the requester substantially prevails; and (ii) the court finds that the defending party acted in bad faith. (b) Subject to Subsection (7), in determining whether to award attorney fees or costs to a requester under this section, the court shall consider: (i) the public benefit derived from the case; (ii) the nature of the requester's interest in the records; and (iii) whether the defending party's actions had a reasonable basis. (c) A court may not award attorney fees or costs to a requester under this section if the purpose of the litigation is primarily to benefit the requester's financial or commercial interest. (5) Neither attorney fees nor costs may be awarded for fees or costs incurred during administrative proceedings. (6) A district court may assess against a requester reasonable attorney fees and costs reasonably incurred in connection with a judicial appeal to determine whether the requester is entitled to access to records under a records request, if: (a) the defending party substantially prevails; and (b) the court finds that the requester acted in bad faith. (7) A court may award to a requester attorney fees and costs incurred in connection with appeals to district courts under Subsection 63G-2-404(3) only if the attorney fees and costs were incurred 20 or more days after the day on which the requester provided to the governmental entity, political subdivision, or other person against which the requester seeks an award of attorney fees and costs, an adequate explanation in writing of the basis for the requester's position, regardless of whether the explanation is a part of or outside an administrative or court proceeding. (8) Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or costs as provided in this section is not subject to Chapter 7, Governmental Immunity Act of Utah.
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